The Lisbon Treaty and the Area of Freedom, Security and Justice as an Area of Legal Integration

Coutts, Stephen

doi:10.3935/cyelp.07.2011.121

Cited by 5 publications

(3 citation statements)

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“…However, it is questionable whether the implementation of the Directive does not restrict the freedom of individual EU citizens (Pirošíková & Siman, 2012). The Directive does not create a supervisory state in the area of justice and police (Coutis, 2011), but the right to data protection is a highly sensitive issue. New procedures and instruments in the DPD-PaCJ lead to an expansion and changes in the judicial and police fields (de Hert & Papakonstantinou, 2016).…”

Section: Discussionmentioning

confidence: 99%

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Funta

Ondria

2021

TalTech Journal of European Studies

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The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

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Section: Discussionmentioning

confidence: 99%

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Funta

Ondria

2021

TalTech Journal of European Studies

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“…Furthermore, it inserted so-called Ôemergency break' provisions to ensure member states cannot be overrun in this policy area. 163 As matters stand, the EU clearly affords member states mechanisms by which the arm of law enforcement can be boosted in a transnational dimension without corresponding extension of the arm wielding the shield of criminal justice. The AFSJ is profoundly marked by resistance to the notion of proper EU citizenship.…”

Section: The European Union Citizen: Served and Ignored By The Afsjmentioning

confidence: 99%

True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice

Wade

2020

Crim Law Forum

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This paper traces developments - both legal and political in nature - relating to EU citizenship and compares the status quo to what individuals might expect from citizenship particularly within the context of criminal proceedings. Drawing upon debates in political science, it highlights the divergence between EU citizenship and what would normally be associated with any idea of citizenship. Exploring the parameters of European criminal justice and its revolutionary direction of travel, this essay highlights how strongly exposed EU citizens are to enhanced coercive state power within criminal proceedings because of this status. Consequently it advances an argument that reasonable expectations of citizenship are set up to be disappointed in the current context. This is particularly true as the CJEU scales back the protections associated with EU citizenship in the face of political pressure. It argues that the loss of legitimacy the EU may suffer as a result affects not only its relationship to citizens. As the European institutions take action against democratically elected governments viewed as in breach of fundamental EU values, its potential as a policy-laundering governance level in the criminal justice arena is identified as an enormous legitimacy problem. Analysing developments relevant to citizenship from a criminal justice perspective, this paper demonstrates that reform is urgently required. Leaving EU citizenship in its current form - shaped by Executive powers - is argued to expose the EU to legitimacy arguments it cannot win, as well as individual citizens to injustice in criminal proceedings.

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“…World crises, humanitarian or economic, have led many people to try and settle in the European Union. Thus, the EU's immigration and asylum policies, 12 as well as the further development of the area of freedom, security and justice, 13 have become the most vibrantly developing area of EU law. At the same time, the further incorporation of fundamental rights by both the case law and the Charter, coupled with the recognition of the horizontal effects of these rights, 14 is leading gradually to the redefinition of the internal market fundamental freedoms.…”

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confidence: 99%

Editorial

Ćapeta¹

2014

CYELP

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With this issue, the Croatian Yearbook of European Law and Policy celebrates its 10 th anniversary. It thus enters what we could call a journal's adolescence. During these 10 years, it has witnessed the changes that the EU has undergone. This anniversary is therefore an opportunity to revisit some of the events of the last decade, but also to look to the future. CYELP's birth followed the biggest ever enlargement of the EU. It has thus seen the societies and legal systems of the new Member States gradually adapting to their new EU family. 1 Its first volume was published in the year when Croatia started accession negotiations with the EU. CYELP has thus followed Croatia into membership, 2 and this volume is the first published after Croatia has spent a full year as a member. The enlarge-* Jean Monnet Chair at the Faculty of Law, University of Zagreb, and current editor-inchief of the Croatian Yearbook of European Law and Policy.

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The Lisbon Treaty and the Area of Freedom, Security and Justice as an Area of Legal Integration

Abstract: Summary: This paper considers the Area of Freedom, Security and Justice (AFSJ)

Cited by 5 publications

References 1 publication

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice

Editorial

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